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Neighbor wants to dig up my property to install a new waterline, can I say no?

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jnb150

Junior Member
What is the name of your state (only U.S. law) PA

There are two homes in 1 lot next to my home. Both homes are owned by 1 cousin. Cousin 1 plans on selling the rear home to Cousin 2, with the stipulation that the rear home gets a new water line, seperate from the front home's line. The rear homes water line runs through the front home's water line. The owner of the front home(Cousin 1) no longer wants the rear home(Cousin 2) to share a water line, and is insisiting on the rear home to get it's own water line. The rear home (Cousin 2) has 2 choices, dig up the alley behind our houses, and connect to the water line at the end of the alley, or dig up probably 1/2 of my property (including my fence/shurbbery) to connect it to the front streets water line.

The question is, can I tell Cousin 2 no, without having to worry about any issues with easements, or legal issues down the line. Seeing as she can keep her current configuration, or dig up the alley.
 
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latigo

Senior Member
What is the name of your state (only U.S. law) PA

There are two homes in 1 lot next to my home. Both homes are owned by 1 cousin. Cousin 1 plans on selling the rear home to Cousin 2, with the stipulation that the rear home gets a new water line, seperate from the front home's line. The rear homes water line runs through the front home's water line. The owner of the front home(Cousin 1) no longer wants the rear home(Cousin 2) to share a water line, and is insisiting on the rear home to get it's own water line. The rear home (Cousin 2) has 2 choices, dig up the alley behind our houses, and connect to the water line at the end of the alley, or dig up probably 1/2 of my property (including my fence/shurbbery) to connect it to the front streets water line.

The question is, can I tell Cousin 2 no, without having to worry about any issues with easements, or legal issues down the line. Seeing as she can keep her current configuration, or dig up the alley.
I don’t know what all this squabbling between your relatives has to do with anything concerning you or us.

A neighbor, having alternate choices, wishes to tie into a domestic water main that would require burying a connecting line on your property.

If there is no existing right of easement, then clearly they cannot do so without your written consent. Which would be foolish to allow.
 

jnb150

Junior Member
I don’t know what all this squabbling between your relatives has to do with anything concerning you or us.

A neighbor, having alternate choices, wishes to tie into a domestic water main that would require burying a connecting line on your property.

If there is no existing right of easement, then clearly they cannot do so without your written consent. Which would be foolish to allow.
Sorry, they are not my relatives, but THEY are cousins.

There is no existing easement to my knowledge. All of the utility lines from the rear house ran up through the utility lines of the front house, and Cousin 1 doesn't want that to continue if someone else (including Cousin 2) is going to own the property. None of the utilities from either home on their lot run through my property.
 

Zigner

Senior Member, Non-Attorney
I suspect that the utility company likely has an easement so it may not really but up to the cousins. In any case, there is no requirement that you allow this to affect your property.
 

jnb150

Junior Member
I suspect that the utility company likely has an easement so it may not really but up to the cousins. In any case, there is no requirement that you allow this to affect your property.
So considering that there is already utilities to the rear home, they "prefer" to re-route them through my land, and eventhough the utility company may have an easement on the land here, there is no chance I may be "forced" to allow the work to happen to seperate those 2 dwellings utilities?
 

Zigner

Senior Member, Non-Attorney
If the utility company has an easement on your property that would allow them to run the line, then yes, they could do that.
 

154NH773

Senior Member
If the utility company has an easement on your property that would allow them to run the line, then yes, they could do that.
To clarify slightly;

If the utility company has an easement granting them the right to service other properties across your property, or to otherwise utilize your property for uses other than servicing your property, then, and only then, would they be within their rights to cross your property to service Cousin 2.

You should obtain a copy of the utility easement granted by you or any previous owner of your land to the water utility company. Have a lawyer review it with you to see what is allowed.

I agree that you should not allow Cousin 2's water line to be run across your property if you can stop it.
 

latigo

Senior Member
Sorry, they are not my relatives, but THEY are cousins.

Fine, but in my neck of the woods when someone alludes to another as “cousin” the speaker is referring to his or her relative. If your neighbors happened to be siblings would you refer to them as brother 1 and brother 2, and their spouses as sisters-in-law even though none are your kin?

Anyway, please explain what blood, or who is selling to whom, or who is bickering with whom has to do with the business of a person seeking to subject your property to an easement for a domestic water line?

Thank you
 

Zigner

Senior Member, Non-Attorney
To clarify slightly;

If the utility company has an easement granting them the right to service other properties across your property, or to otherwise utilize your property for uses other than servicing your property, then, and only then, would they be within their rights to cross your property to service Cousin 2.
That's what I said ;)

You should obtain a copy of the utility easement granted by you or any previous owner of your land to the water utility company. Have a lawyer review it with you to see what is allowed.

I agree that you should not allow Cousin 2's water line to be run across your property if you can stop it.
Absolutely.
 

jnb150

Junior Member
To clarify slightly;

If the utility company has an easement granting them the right to service other properties across your property, or to otherwise utilize your property for uses other than servicing your property, then, and only then, would they be within their rights to cross your property to service Cousin 2.

You should obtain a copy of the utility easement granted by you or any previous owner of your land to the water utility company. Have a lawyer review it with you to see what is allowed.

I agree that you should not allow Cousin 2's water line to be run across your property if you can stop it.
How do I go about getting a copy of an easement if there is one? Just contact the specific utility company directly? I have never signed an easement, so if there is one, it would have been signed by a previous owner.
 

Zigner

Senior Member, Non-Attorney
How do I go about getting a copy of an easement if there is one? Just contact the specific utility company directly? I have never signed an easement, so if there is one, it would have been signed by a previous owner.
You can ask the utility company. You can also review your deed/title.
 

jnb150

Junior Member
Fine, but in my neck of the woods when someone alludes to another as “cousin” the speaker is referring to his or her relative. If your neighbors happened to be siblings would you refer to them as brother 1 and brother 2, and their spouses as sisters-in-law even though none are your kin?

Anyway, please explain what blood, or who is selling to whom, or who is bickering with whom has to do with the business of a person seeking to subject your property to an easement for a domestic water line?

Thank you
I appreciate your help, but I didn't ask for a lesson on phrasing a sentence. I immediately replied with the correction once I noticed you didn't understand the question properly.

And that's all beside the point, who's related to who, doesn't have a whole lot of influence on the question I asked, I just added it in there to differentiate the parties involved.

... And I have no idea what you're asking in your last question
 

154NH773

Senior Member
You can ask the utility company. You can also review your deed/title.
The utility company should be able to provide a copy to you, or you can do a title search. The utility easement may, or may not, be referenced directly in your deed, but it should be found in your County Recorder of Deeds by a search based on your property. If you can't do it yourself (many recorders are very helpful in assisting you) you can get a title company to do a search for you. They are usually inexpensive.

If there is no easement, the utility may try and get you to sign one. Be aware that you do not have to sign their easement language. Have a lawyer review it and delete language granting any rights to anything except service to your waterlines. Most utility easements allow for the utility to go anywhere and service anyone, across your property. Don't allow that.
 
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latigo

Senior Member
I appreciate your help, but I didn't ask for a lesson on phrasing a sentence. I immediately replied with the correction once I noticed you didn't understand the question properly.

And that's all beside the point, who's related to who, doesn't have a whole lot of influence on the question I asked, I just added it in there to differentiate the parties involved.

... And I have no idea what you're asking in your last question
I was just trying to be helpful, cousin.
 

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